Holding

Pay fixation is primarily an executive function and the High Court was wrong to hold that the denial of scale No.17 to Sub‑Registrars violated Article 14; the matter must be re‑examined by the State Government.

Summary

The West Bengal Registration Service’s Sub‑Registrars, although gazetted and placed in the State Service, were paid on a scale lower than the minimum State Service scale (scale No.17). They challenged the State Government’s refusal to upgrade their pay, arguing that the denial violated Articles 14 and 16 of the Constitution and that their educational qualifications now matched those of Munsiffs. The High Court had ordered that they be placed on scale No.17, holding the Government’s action arbitrary. On appeal, the Supreme Court held that determination of pay scales is a primary executive function and the High Court erred in declaring the Government’s decision unconstitutional without proper evaluation of duties, responsibilities, and other relevant factors. The Court directed the State Government to re‑examine the appropriate pay scale for Sub‑Registrars, considering all relevant criteria, and set aside the High Court’s orders.

Issues considered

The High Court’s order granting Sub‑Registrars scale No.17 violates Articles 14 and 16 of the Constitution.
Whether pay fixation and equation of posts is exclusively an executive function beyond judicial review except in cases of arbitrariness.
Whether gazetted status and inclusion in the State Service automatically entitle Sub‑Registrars to the minimum State Service pay scale.
The relevance of educational qualifications in determining pay‑scale equivalence with Munsiffs.
Whether the State Government’s refusal to grant the higher pay scale was arbitrary and unconstitutional.

Legislation cited

Civil Service (Classification, Control & Appeal) Ruless. Rule 188
Constitution of Indias. Article 14, s. Article 16, s. Article 226, s. Article 309
Government of India Act, 1935s. section 211(2)(b)
West Bengal (Revision of Pay & Allowances) Rules, 1951 (ROPA Rules)
West Bengal Service Rules, 1971s. Rule 5(4)

Subjects

pay fixationequality clauseArticle 14Article 16executive functionpay scale determinationgazetted statusWest Bengal Registration ServiceSub‑Registrarjudicial reviewarbitrariness

Judgment

SECRETARY, FINANCE DEPARTMENT AND ORS. A
v.
WEST BENGAL REGISTRATION SERVICE ASSOCIATION AND
ORS.

FEBRUARY 20, 1992
B
[A.M. AHMADI AND M.M. PUNCHHI, JJ.]

Service Law-Detennination of pay scale. Powers of Court-Detennina-
tion of pay scales and equation of posts is executive function-But Court can
interfere if employees are treated arbitrarily-Necessary and relevant factors C
for detennination of pay scale discu>sed-Relevance of educational qualifica-
tion in detennination of pay scale-What is.

West Bengal Registration Service-Post of Sub-Registrar-Confennent
of gazetted status-Government notification-fnc/usion of registration service D
in State Service-Entitlement of Sub-Registrars to pay scale equivalent to State
Level Officers-Held pay scale must reflect nature of duties and respon-
sibilities-Mere confennent of gazetted status and inclusion in State Service
does not justify higher scale-Sub-Registrars and Munsiff.s held not equal as
their duties are different in nature-Grant of scale to Sub-Registrar not
equivalent to that payable to State Level Officers held not arbitrarr-Supreme E
Court's direction to State Government to detennine appropriate pay scale for
Sub-Registrars and posts above them.

The West Bengal Registration Service comprised the post of Sub-
Registrars and other posts above the level of sub-Registral'S. By a resolu-
F
tion dated May 22, 1952 the post of Sub-Registrar was directed to be
regarded as gazetted w.e.f. 1st April, 1952. Thereafter by a Notification
dated 17th July, 1953 the Registration Service was, with effect from the
date of its constitution i.e. 30th January, 1953 included in the West Bengal
State Service.
G
The respondents alleged that notwithstanding the commitment made
by the 1953 Notification that they would be accorded all the privileges
admissible to officers belonging to State Service, their pay scale was not
revised equivalent to the minimum pay scale admissible to State Service
Officers. Even when pursuant to the recommendations of the Pay Com- H
.... 897
898 SUPREME COURT REPORTS [1992] 1 S.C.R.

A mittee tile pay-scales were revised they were placed on a scale which was
lower than the minimum scale payable to State Service Employees. Fur-
ther though the First State Pay Commission recommended a Scale of Rs.
425-825 for Sub-Registrars yet the recommendation did not find favour
with State Government and their pay scale was fixed at Rs. 300-600. Also
B pursuant to the recommendations of the Second So:ati: Pay Commission
their pay scale was revised to Rs. 425- 1050 i.e. scale No. 11, a\though the
· minimum scale fixed for the State Service Officers was Rs. 660-1600 i.e.
Scale No. 17.

c filed aFeeling aggrieved by the decision of the State Govt. the respondents
writ petition in the High Court of Calcutta under Article 226 of the
Constitution for a mandamus to award scale No. 17 of Rs; 660-1600 as
admissible to State Service Officers. During the pendency of the writ
petition the Third State Pay Commission submitted its report. This
Commission also. rejected their claim of pay scale of Rs. 660-1600, the
D minimum scale for State service, on the ground that their duties and
responsibilities did not justify the higher pay scale.
.
By its judgment dated 28th June, 1989, a Division Bench of the High
Court allowed the writ petition and awarded revised scale No. 17 by
E holding that the Government had acted .arbitrarily and in violation of
Articles 14and16 of the Constitution in not awarding scale No. 17 to the
Sub-Registrars. The High Court based its decision on the facts that (i)
the post of Sub-Registrar was a gazetted post belonging to the State
Service; (ii) the first State Pay Commission recommended a higher pay
scale which was turned down by Finance; and (iii) the revised educational.
F qualification for Sub-Registrar, a law degree, was the same as required for
MunsilTs·.

Subsequently the respondents filed an application for interim relief
seeking permission to exercise option for the corresponding scale No. 17
G of Rs. 2200-4000 equivalent to the old scale of Rs. &i0-1600 which was
allowed by the High Court by its order dated 16th March, 1990. They also
· filed an application seeking clarification of the Court's order dated March
16, 1990 and by its order dated 30th March, 1990 the High Court permitted
the officers belonging to the posts above the level of Sub-Registrars to o>pt
H for corresponding scales Nos. 18 and 19. ~
FINANCE DEPTT. v. W.B. SERVICE ASSN. 899

In appeals to this court against the judgment of the High Court A
dated 28th June, 1989 and orders dated 16th and 19th March, 1990 it was
contended on behalf of the appdlant ihat (i) the High Court committed a
serious error in revising the pay-scale of sub-Registrars in exercise of its
extraordinary jurisdiction under Article 226 of the Constitution because
pay fixation was essentially an executive function ordinarily undertaken
by an expert body like a Pay Commission whose recommendations are not
B
justiciable; (ii) there being no scheme as 'Constituted State Service' the
employees have been categorised as Group' A', 'B', 'C', and 'D' on the basis
of evaluation of their work and the recruitment policy. For examination
purposes the State Public Service Commission has placed· the Sub-
Registrars in Group 'D' whereas those in scale No. 17 fall in Group 'A'. C
Therefore, they are not comparable and cannot be placed in same pay
scale.

On behalf of the respondents it was contended that since after 1981
the qualification of a degree in law, as required in the case of Munsiffs, D
was also added to their eligibility criterion, they should be equated with
Munsiffs in the matter of pay-scale.

Allowing the appeals and setting aside the orders of the High Court,
this Court,
E
HELD : 1. The High Court committed a serious error in law in
holding that the Government's action in not granting the scale No. 17 to
Sub-Registrars was violative of Article 14 of the Constitution. [915G]

2. Equation of posts and determination of pay-scales is the primary
function of the executive and not the judiciary and, therefore, ordinarily F
courts will not enter upon the task of job evaluation which is generally left
to expert bodies like the Pay Commissions etc. But that is not to say that
the Court has no jurisdiction and the aggrieved employees have no remedy
if they are unjustly treated by arbitrary state action or inaction. [912E-F]

Parbat Kiran Maithani & Ors. v. Union of India & Anr., AIR 1977 SC
G
1553; State of U.P. & Ors. v. J.P.Cl1aurasia & Ors., AIR 1989 SC 19, cited.

. 3. Ordinarily a pay structure is evolved keeping in mind several
factors, e.g. (i) method of recruitment, (ii) level at which recruitment is
...... made, (iii) the ·hierarchy of service in a given cadre, (iv) minimum educa- H
900 SUPREME COURT REPORTS [1992] 1 S.C.R.

A !ion/technical qualifications required, (v) avenues of promotion, (vi) the
nature of duties and responsibilities, (vii) the horizontal and verticle
· relativities with similar jobs, (viii) public dealings, (ix) satisfaction level;
(x) employer's capacity to pay etc. These factors have to be kept in view
while evolving a pay structure and the horizontal and verticle relativities
have to be carefully balanced keeping in mind the hierarchial arrange-
B
ments, avenues for promotion etc. Such a carefully evolved pay structure .
ought not to be ordinarily disturbed as it may upset the balance and cause
avoidable ripples in other cadres as well. [913C-E]

4. One of the basic principles for pay fixation is that the salary must
C reOect the nature of duties and responsibilities attached to the post, meaning
thereby that the pay scale must be commensurate with the task to be per-
formed and the responsibility to be undertaken by the holder of the post.
Merely because the Sub-Registrars were conferred gazetted status and the
Registration Service was included in State Service did not entitle the Sub-
D Registrars to be placed in the higher scale if their duties and responsibilities
did not justify the same. By conferment of gazetted status or placement in
State Service, no qualitative change was brought about in the job perfor-
mance of the Sub-Registrars and their superiors. [914E-G] ~

4.1 The High Court failed to evaluate the difference in the nature of
E duties and responsibilities of a Munsiff and a Sub-Registrar. The duties
ar;d responsibilities of a Munsiff and a Judicial Magistrate are far more
onerous than those of a Sub-Registrar. The Sub-Registrar's duties are
relatively simple- namely to receive, examine and register the document-
whereas the duties of a Judicial Officer at the Ooor level are to hear cases,
F examine witnesses, interpret and construe different laws, hear oral argu-
ments and deliver reasoned judgments. He bas to keep abreast with a host (-
of laws unlike a Sub-Registrar who is expected to study only a couple of
laws connected with the registration of documents like the Registration
Act, the Stamp Act etc. The responsibilities of a Judicial Officer are
therefore far greater than those_ of Sub.:Registrars. Therefore; to compare
G the Sub-Registrars with Judicial Magistrates-Munsiffs is to compare un-
equals. It would, therefore, be wholly arbitrary to place them in the same
pay scale. [915D-G]

5. One of the inputs for pay determination is educational require-
H ment for the post. The higher the educational qualification the better
FINANCE DEPTI. v. W.B. SERVICE ASSN. [AHMADI, J.] '190J

would be the quality of service rendered and the end result would in the A
ultimate be far more satisfactory. That indeed cannot be disputed. But
educational qualification is only one of the many factors which has
relevance to pay fixation. The complexity of the job to be performed and
the responsibilities attached thereto are entitled to great weight in deter-
mining the appropriate pay scale for the job. Prima facie there appears B
substance in the grievance of the Sub- Registrars that while the minimum
educational qualification for direct entry into the post has been peri-
odically raised, the level of pay scale, for the post has not undergone any
change, whatsoever. [916A-C]

6. The State Government is directed to re-examine the question of C
the appropriate pay scale for Sub-Registrars by a speaking order after
hearing the representatives of the respondent association. If the State
Governmenf decides on the upward revision of the salary of the Sub-
Registrars, it will simultaneously consider the question of upward revision
of the pay scales of higher posts in the department. [916E-F] D
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2023,
~ ~ 2024 & 2025 of 1990.

With
E
I.A. Nos. 7-9 of 1991.

From the Judgment and Order dated 28.6.89 & 16.3.90 of the Cal-
cutta High Court in Appeal No. 498 of 1988.

. AK.Mitra, P.K.Chatterjee, Jaydip Kar and Ms. Radha Rangaswamy F
for the Appe1lants.

Na;ayan Shetty, Gopal Subramaniani, Atin Banerjee and D.P. Muk-
herjee for the Respondents.

The Judgment of the Court was delivered by G

AHMADI, J. These three appeals by special leave arise out of the
Judgement & Order dated 28th June, 1989 passed by the Division Bench
of the High Court of Calcutta and from the subsequent orders dated March
16,. 1990 and March 30, 1990 made in pursuance thereof. 'rbe brief facts H
902 SUPREME COURT REPORTS (1992] 1 S.C.R.

A giving rise to}hese three appeals may be stated as under.

The West Bengal Registration Service comprising the Sub-
Registrar's post was administered by the Judicial Department of the State.
Under the West Bengal (Revision of Pay & Allowances) Rules, 1951
B (hereinafter called 'the ROPA Rules') the scale of pay for the said post
was fixed at Rs. 100-250.· By a resolution dated May 22, 1952 the said post
of Sub-Registrar was djrected to be regarded as Gazetted with effect from
April 1, 1952 and thereafter by notification dated July 17, 1953 the Gover-
nor, ;u exercise of powers conferred by Rule 188 of the Civil Service
(Classification, Control & Appeal) Rules read with Articles 313 and 372
c of the Adoption of Laws Orde;, 1950. and all other related powers,
declared that the West Bengal Registration Service comprising (1)
Registrar of Assurances, Calcutta, (ii) Inspectors of Registration Offices,
(iii) Departmental District Sub-Registrars, \iv)' Sub-Registrar of Assuran-
ces, Calcutta (v) District Sub-Registrars, and (vi) Sub-Registrars shall, with
D effect fnom January 30, 1953, the date of constitution of the said service,
be deemed to be included in the State Service. The respondents who
belong to the said service contend that after the issuance of the said
notification a commitment was made by the State Government that Sub-
Registrars would be accorded all the privileges admissible to officers
belonging to the State Service: Notwithstanding the said commitment the
E respondents contend that their pay scale was not revised to Rs. 200-400
which was the lowest pay-scale admissible to State service officers. There-
after pursuant to the recommendation of the Pay Committee, the pay scale
underwent an upward revision but the Sub-Registrars were placed in the
revised scale of Rs. 200-400 which corresponded to the old scale of Rs.
F 100-250, even though the minimum scale for State servic;e employees was
raised to Rs. 250-550 under the ROPA Rules, 1%1. The First (State) Pay
Commission was then constituted in 1967. That body examined the
grievance of this service and ·observed. that it was an extremely ill-paid
service. After evaluating the job requirements,,recruitment standard and
responsibilities attached to the post belonging to the said service it recom-
G mended a scale of Rs.425-825 for Sub-Registrars and corresponding higher
scales for other posts, the highest being Rs. 850-1600 for Registrar of
Assurances, ·Calcutta and Inspectors of Registration Offices. It appears
that this recommendation did not f:nd favour with the State Governl11.ilnt.
This is obvious from the fact that. under the ROPA Rules, 1970, the pay
H scale for the post of Sub-Registrar was fixed .at Rs. 300-600 only. Pursuant
FINANCE DEPTI. v. W.B. SERVICE ASSN. [AHMADI, J.] 903

to the recommendations of Second (State) Pay Commission the pay scale A
for the post was revi•ed to Rs. 425-1050 under RQPA Rules, 1981. This
was Scale No. 11. According to the respondents ttiey ought to have been
placed in scale No. 17 which carried a pay scale of Rs. 660-1600 but,
contend the respondents, grave injustice was done to them because of the
biased and negative attitude of the Finance Department of the State
Government. It was contended that since the basic minimum pay scale for
B
State service officers was fixed at Rs: 660-1600, there was no valid reason
to deny the same to the Sub-Registrars and to deny higher pay scales to
offo::ers above the level of Sub-Registrars in the West Bengal Registration
Service. Feeling aggrieved by the decision of the State Government the
respondents, therefore, filed a Writ Petition No. 1993 of 1987 in the High c
Court of Calcutta under Article 226 of the Constitution for a Mandamus
to award to the Sub-Registrars the pay scale No. 17 of Rs. 660-1600 with
all other privileges admissible to State service officers. In the said writ
petition the learned Single Judge of the High Court passed certain interim
orders against which an appeal No. 498 of 1988 was preferred before a D
Division Bench of the High Court. At the hearing of the said appeal the
Division Bench felt that it would be proper to dispose of the writ petition
itself on merits and accordingly it heard the writ petition by consent of
parties instead of disposing of the appeal against "the interim order and
leaving the hearing of the writ petition to the learned Single Judge. The
Division Bench of the High Court allowed the writ petition and directed E
that the Sub-Registrars should be placed in the pay scale of Rs. 660-1600
with effect from April 1, 1981 ahd their pay scales should be fixed notion-
ally on that basis without paying the difference in salary up to January 1,
1986. The arrears of salary for the subsequent period was, however,
directed to be paid within 8 weeks from the date of the judgment. Certain
F
..
other directions were also given but it is not necessary
. to notice them.

It may here. be mentioned that during the pendency of the writ
petition the Third (State) Pay Commission constituted by the State Govern-
ment had submitted its report sometime in December, 1988. Before the
said body it was represented on behalf of the Sub-Registrars that they G
should have been placed in the pay scale of Rs. 600-1600 instead of Rs.
425-1050 as that was the basic minimum scale for State service and the
scale for. higher posts' in the West Bengal Registration Service should be
>;. correspondingly raised. The Commission spurned this request as in its
opinion the duties and responsibilities of the Sub-Registrars did not justify H
904 SUPREME COURT REPORTS (1992] 1 S.C.R.

A the higher pay scale. Pursuant to the recommendations of the Pay Com-
mission the ROPA Rules, 1990 c;ime to be issued whereunder the Sub-
Registrars were placed in the revised Scale No. 11 of Rs. 1390-2970. The
High Court took notice of the recommendations of the Pay Commission as
well as the ROPA Rules, 1990 while disposing of the writ petition by its
B judgment dated 28th June, 19.89.

After the. High Court's Judgment awarding Scale No. 17 to the Sub-
Registrars, the respondents took out an application for interim relief
seeking permission to exercise option for the corresponding Scale No. 17
of Rs. 2200-4000 and for granting an option to officers above the level of
C Sub-Registrars for placement in the corresponding Scales Nos. 18 and 19
with effect from April 1, 1981. The Division Bench of the High Court
passed an ad-interim order dated M.arch 16, 1990 permitting the Sub-
Registrars to opt for the revised Scale No. 17. The Civil Appeal No. 2023
of 1990 is against the main judgment of the High Court dated June 28,
D 1989. Civil Appeal No. 2024 of 1990 is against the interim order dated
March 16, 1990 by which the Sub-Registrars were permitted to opt for the
revised Scale No. 17. On M.arch 19, 1990 the respondents took out an
application for clarification of the order dated March 16, 1990. The High
Court while disposing of this application permitted the officers belonging
to the posts above the level of Sub-Registrars to opt for corresponding
E Scales Nos. 18 and. 19. Civil Appeal No. 2025 of 1990 is against that
order. Since the subsequent two appeals Nos. 2024 and 2025 of 1990 also
flow from the main judgment dated June 28, 1989, which has given rise to
Civil Appeal No. 2023 of 1990 we have thought it proper to dispose of all
the three appeals by this common judgment.
F
The history of the West Bengal Registration Service has been traced
by the High Court right from 1826 but it is unnecessary to re-state the same.
Suffice it to say that. except the top post of the Registrar of Assurances,
Calcutta, the remaining cadres in the said service belonged to the. Subor-
dinate Services of the State. Generally speaking the West Bengal Services
G were divided into (i) Provincial Services and (ii) Subordinate Services
leaving out certain special categories of posts. Subordinate Services com-
prised certain minor administrative, exe~utive and ministerial posts to
which appointment could be made by the Local Government or by an
authority subordinate thereto, specially empowered. The other cadres and
H posts belonged to the Provincial Service. By a notification dated Novem:
FlNANCE DEPTI. >: W.B. SERVICE ASSN. [AHMADI, J.] 905

ber 25, 1949 recruitment rules were framed which provided that recruit- A
ment of Sub-Registrars shall be made through West Bengal Civil Service
examination. The minimum educational qualification for Sub-Registrars
was prescribed as 'graduate of a recognised University'. Subsequently, by
a resolution dated May 22, 1952 it was provided that Sub-Registrars shall
be regarded as Gazetted Officers with effect from April 1, 1952. Soon
thereafter by a notification dated July 17, 1953 the West Bengal Registra-
B
tion Service was included in the State Service. Thus according to the
respondents the position that emerged after the notification of 1953 can be
summed up as under :

(i) The West Bengal Registration Service was expressly C
declared to be in the West Bengal State Service (the former
Provincial Service);

(ii) The recruitment rules of the State Service were identical
to the recruitment rules of the other State Services;
D
(iii) Gazetted status and concomitant privileges of State Ser-
vices were conferred on the Sub-Registrars belonging to the
West Bengal Registration Service; and

(iv) The powers relating to the recruitment, conditions of E
service and disciplinary matters in regard to members belong-
ing to the West Bengal Service including the Sub-Registrars
were to be exercised by the State Governmenr.

By a notification dated July 6, 1966, the West Bengal Registration
Service was declared as the West Bengal Junior Registration Service and F
subsequently by a notification dated October 17, 1966 rules were framed
under Article 309 of the Constitution which superseded all previous rules
on the subject and provided-that appointment to the post of Sub-Registrar
shall be made by the Government_through the West Bengal Civil Service
(Executive) and Allied Services Examination. The educational qualifica- G
tion for appointment to the post of Sub-Registrar was stated to be a
graduate of a recognised University and the age criteria was fixed as not
below 21 years and not exceeding 24 years·. The system of classification of
Government employees into Gazetted and Non-Gazetted and Classes I, II,
III, & IV adopted hitherto was i:lone away with by the notification dated
September 25, 1978 and Government employ~es were placed in Groups A, H
906 SUPREME COURT REPORTS (1992] 1 S.C.R.

A B, C, and D according to pay and scale of pay. The new grouping of
services was not expected to cause any immediate disturbance in the
existing framework of job charts, responsibilities and facilities. Rule 5 (4)
of the West Bengal Service Rules, 1971, Part I, was amended and read as
under: ·

B "5(4) - West Bengal State Services means those services and
posts under the Administrative control of the Government
which have been classified as Group A, Group B, Group C and
Group D."
. 1, ·--
A note at the foot thereof provided as under :
c
"Note 1 (a) - Subject to the provisions of paragraph (b) services
or posts under Group A, Group B, Group C and Croup D
shall consist of the services or posts specified respectively
against them in the table below : .
D
S.No Classification of

1.
Post and Services

Group 'A'
Classification of the
Services and posts\

All Government employees drawing
a pay or a scale of pay with the
. '

E maximum above Rs. 1,170.

2. Group 'B' All Government Employees drawing
a pay or a scale of pay with a ·
maximum of Rs. 1170 or below,
but above Rs. 700.
F y-..,
3. Group 'C' All Government employees drawing
_a pay or a scale of pay with a
maximum of Rs. 700 or below, but
above Rs. 415.
G All Government employees drawing
4. Group 'D'
a pay or a scale of pay with a
maximum of Rs. 415 or below.

(a) Government may, by special order include any other class
H or posts carrying any pay or scale of pay in a class of service
"
FINANCE DEPTT. v. W.B. SERVICE ASSN. [AHMADI, J.] 907

consisting of posts or services carrying a higher pay or scale of A
pay.

(b) If a service consists of posts with more than one time scale
or if there be a Selection Grade, pay attached to a service or

.. post, post carrying the different time-scales or the Selection
Grade pay may be classified in different services according to
the pay or the maximum scale of pay of the post.
B

Provided further that the aforesaid classification of posts and
services shall not interfere with other existing framework of
duties, functions, responsibilities and facilities of Government
employe~s on the basis of the exi.sting classification."
c
This classificatio~ had an impact on the recommendations made by
the Pay Commission which were finally approved under the ROPA Rules,
1981. This, in brief, is the history of the West Bengal Registration Service.
D

• The grievance of the respondents was that even after the Sub-
Registrars were placed in the Gazetted category and their service was
declared to be included in the State Service and entry into service was
through a competitive examination with the minimum qualification for
appointment being graduation, the pay scale for Sub-Registrars was fixed
at Rs. 100-250 notwithstanding the Government notification of 1953 provid- E
ing that the said officers belonging to the Registration Service will enjoy
the benefits and privileges admissible to State Service officers. On the
representation made by the officers of the Registration Service, the then

-- Chief Minister granted the relief of Rs. 50 at the minimum and maximum
of the pay scale thereby virtually enhancing the pay scale from Rs. 100-250 F
to Rs. 150 -300. Thus after the report of the Pay Committee when the scale
of pay of Sub-Registrar was revised to Rs. 200-400 in effect the pay al the
minimum got reduced by Rs. IO as the Sub-Registrars were drawing Rs. 5
as DA and Rs. 5 as CCA besides. Rs. 50 granted pursuant to the orders of
the then Chief Minister. This was totally overlooked by the Finance G
Department while drawing up the ROPA Rules, 1961. Subsequent repre-
sentations for up\vard revision of the scale \l,:cre ingorcd hy thi.: Finance
Department till the First (State) Pay Commission can1c to he constituted.
That body observed as under :

"This is an extremely ill-paid sen·icc. The work that the H
908 SUPREME COURT REPORTS (1992) 1 S.C.R.

A Registration Officers have to do is not"negligible in importance.
· The work involves the interpretation of documents and the
assessment of stamp duties and registration fees with reference
to the value of the subject matter involved. The scale of pay
should be improved. The following scales are recommended :

B (a) Registrar of Assurances and Inspectors of Registration
Offices Rs. 850-50-1000-60-1600.

(b) District Registrars and Sub-Registrars of Assurance, Cal-
cutta - Rs. 475-35-825-EB-50-1325. . ~ '-

c (c) District Sub-Registrars - Rs. 450-15-600- EB- 25-825.

(d) Sub-Registrars - Rs. 425-10-475-15-700.

The majority members however, recommended the higher scale
of Rs. 450-15-600-25-825 for Sub-Registrars."
D
Notwithstanding the said recommendation the pay scale for Sub- ...
Rcgistrars was fixed at Rs. 300-600 under ROPA Rules, 1961. The respon-
dents contend that the injustice done lo them in ignoring the above
extn:w:ted recommendation of the Pay Commission resulted in their being
placed in the equivalent Scale No. 11 throughout by the subsequent Pay
E
Commissions also. A strong letter of protest written by the Head of the
Department also did not yield the desired result thereby necessitating the
filing of a writ petition in which the impugned order came to be passed.
It is in this background that we must examine the correctness or otherwise
of the impugned judgment and the subsequent impugned interim orders
F made by the High Court.

The partition of Bengal in the wake of independence necessitated
grant of relief to millions of persons who were uprooted and their
--- ~

rehabilitation. This brought into existence new departments and organisa~
tions increasing the number and categories of employees required to
G handle the enormous task. The history of pay revision in the State of West
. Bengal would show that under the ROPA Rules, 1950 the total number
of pay scales was reduced from 500 to 78 but by the time the Pay Commit-
tee was appointed in 1959 the number had once again gone up to 143 but
was reduced to 39 by the Pay Committee. The number of pay scales again
H proliferated from 39 to 81 but the First (State) Pay Commission brought it
FINANCE DEPTI. v. W.B. SERVICE ASSN. [AHMADI, J.J 909

down to 34. The Second {State) Pay Commission appointed in 1977 found A
36 standard scales, 19 new intermediate selection grade scales and 20
non-standard pay scales besides a few pay scales introduced on different
dates for non-Governments employees. That body reduced the number of
pay sc,.les to 29. The Third (State) Pay Commission found the total
numbe1 of pay scales to be 29 primary pay scales and brought it down to
24 pay ;cales. The situation thus created on account of the increase in the
B
stratification of administrative hierarchy and the consequential fragmenta-
tion of duties and responsibilities on the one hand and the reduction in the
.number of pay scales on the other necessitated higher initial pay and
attaching of special pay to a increasing number of posts to avoid anomalies
in the pay structure thereby throwing an increased financial burden on the c
State Government. The minimum pay fixed for State employees has
always been higher than that prescribed for Central Government
emploj ees. When the pay structure was related to the index average 200
(1960 : 100) the minimum pay of Central Government employees was Rs.
196 pe!C month while that of the State Government employees was Rs. 220; D
a weight age of Rs. 24 recommended by the Second {State) Pay Commis-
sion on account of dietary habits of State employees. At the index average
of 608 the minimum pay for Central Government employees has been fixed
by the Fourth Central Pay Commission at Rs. 750 per month whereas the
Third (State) Pay Commission has fixed the same at Rs. 800 per month.
The maximum pay for State Government employees has been fixed in the E
scale of Rs. 5900-200-7300. For the old scale 11 (Rs. 425-1050) the new
scale prescribed is Rs. 1360-2800. The revised equivalent for the old scale
No. 17 (Rs.660-1600) is Rs. 2200-4000. With regard to the demand for

,-.
higher pay scales for officers belonging to the Registration Service, the Pay
Comrrcission observed :
F
"It has been represented to us that the scale of pay for the post
of Sub-Registrar should have been Rs. 660-1600 which is the
basic scale for the State Services and that the scales of pay for
the higher posts in the Registration Directorate as mentioned
earlier should have been correspondingly higher. In view of G
the duties and responsibilities of the posts we are of the
opinion that upgradation of the scales of pay of these posts will
not be justified. The posts should carry the proposed scales of
pay and special pay corresponding to their existing scales and
special pay." H
910 SUPREME COURT REPORTS [1992] 1 S.C.R.

A As pointed out earlier the High Court took notice of the revised
scales fixed by this body and by subsequent orders directed that the
Sub-Registrars should be placed in revised scale No. 17, i.e. Rs. 2200-4000,
and the officers above them should be placed in the revised scales Nos. 18
and 19. In taking the view that the Registration Service was underpaid,
the High Court was greatly impressed by the fact that !he Sub-Registrars
B
were conferred gazetted status and the entire service was .designated as
State Service and being the head of office and the drawing and disbursing
officer as well, he exercised administrative and financial power and now
that the •recruitment rule had been brought on par with the educational 1.
qualification as prescribed for Munsiffs, the pay-scales of Sub-Registrars
c ought to be the same and cannot be less than that of Munsiffs. Strong
reliance was also placed by the High Court on the observations of the First
(State) Pay Commission, extracted earlier, in support of its conclusion that
the State Government had arbitrarily brushed aside the demand of the
Sub-Registrars for higher wages. Holding that the position of a Sub-
D Registrar was equivalent to others in State Services, the High Court ruled
that they were victims of hostile discrimination and the Government
decision not to accept the weighty recommendations of the Pay Commis-
sion was wholly arbitrary and violative of Articles 14 and 16 of the Cpn-
stitution. In that view that it took it allowed the Writ Petition and awarded
scale No. 17 (Rs. 660-1600 now revised to Rs. 2200-4000) to them and
E scales Nos. 18 and 19 to higher level officers in the same department. It
is against these orders that the present appeals are preferred.

From the resume of facts set out hereinabove it clearly emerges that
prior to 1953 the post of Sub-Registrars belonged to the Subordinate
f Service but by the notification dated July 17, 1953 it was placed in the State
Service w.e.f. January 30, 1953. Being the head of office, a drawing and
disbursing officer with certain administrative and financial powers, and also
required to perform certain quasi-judicial functions, such as, interpreting
recitals contained in the documents and provisions of concerned statutes
and rules, counsel for the respondents contended that till 1981 when the
G educational qualification for entry into that post was graduation of any
discipline, the Sub-Registrars were entitled to be treated above members
belonging to Junior Service and pay-scale· so determined but the State
authority failed to do so. Counsel further contended that after 1981 the
additional qualification of a degree in law was added to the eligibility
H criterion and thus the same .was brought on par with Munsiffs and hence
FJNANCE DEPTI. v. W.B. SERVICE ASSN. [AHMADI, J.] 911

they shou:d have been equated with Munsiffs in the matter of pay-scale, A
since officers in all services recruited from practising advocates were given
the same ;cale. Accepting this line of reasoning the Division Bench of the
High Court concluded that the Government had acted arbitrarily and in
violation of Articles 14 and 16 of the Constitution in not awarding scale
No. 17 (Rs. 660-1600) earmarked for State Services by the Second (State)
Pay Commission (which the Government had accepted and implemented)
B
to the Sub-Registrars. It is thus manifest that the decision of the High
Court wis based on the facts (i) the post of the Sub-Registrar was_ a
gazetted post belonging to the State Service (ii) the First (State) Pay
Commis:;ion had recommended a higher scale (which was still lower than
the one demanded by the Sub-Registrars) for Sub-Registrars observing that C
it was a·1 extremely ill-paid service (a recommendation which was turned
down by the Finance Department) and (iii) the eligibility criterion for entry
into ser<ice was graduation up to 1981 and thereafter the requirement of
a law clegree was added to it, thus bringing the required educational
criteri01 to that of a Munsiff.
D
1 he appellants contend that the High Court committed a serious
error in revising the pay-scale of Sub-Registrars in exercise of its extraor-
dinary jurisdiction under Article 226 of the Constitution in total ignorance
of the settled legal position that pay fixation is essentially an executive
function ordinarily undertaken by an exl'ert body like a Pay Commission E
whose recommendations are entitled to great weight though not binding on
the Government and are not justiciable in a court of law since the court of
law is not well equipped to take upon itself the task of job evaluation which
is a complex exercise. In support of this contention a Catena of decisions
beginning with the case of Parbat Kira11 Maitha11i & .Ors. v. Unio11 of flldia F
& Ame, AIR 1977 SC 1553 and ending with the case of State of U.P. & Ors.
v: J.F'.Chaurasia & Ors., AIR 1989 SC 19 at 29 was relied on. The
appellants also contest the contention that the Sub-Registrars are a part of
the C•Jnstituted State Service which is awarded scale No. 17. They contend
that there is no such service as 'Constituted State Service' and therefore,
(j
the question of granting them scale No. 17 never arose. On the contrary
they point out that the employees are categorised as belonging to c;rnup
A, Group B, Group C, and Group D and are placed in one group or the
other on the basis of evaluation of their work and the recruitment policy
adopted by the Government. By placing the Sub-Registrars in scale No.
17 the High Court has given them a jump which is likely to give a severe H
912 SUPREME COURT REPORTS [1992] 1 S.C.R.

A jolt to the pay structure and would destroy the verticle heirarchial
relativities carefully built-up by the Pay Commission. The appellants,
therefore, contend that the High Court had acted in haste in placing the
. Sub-Registrars in scale No. 17 without realising its impact on the pay
structure. For examination purposes the State Public Service Commission
has placed the Sub-Registrars in Group D whereas those in scale No. 17
B
fall in Group A. Those belonging to Group A are required to sit for six
papers whereas those belonging to Group D are required to answer four
papers only. While those belonging to Group A are allowed to take one or
more optional papers not exceeding three and have to appear for a 1. ·~
compulsory personality test of 200 marks, those belonging to Group D are
c allowed only one optional paper and have not to appear for the personality
test. Thus the examination for Group A employees is far more stringent
than for those belonging to Group D employees and, therefore, contend
the appellants, they are not comparable and cannot be placed in the same
pay-scale invoking the equality clause in Article. 14 of the Constitution.
D Lastly, it is said that the financial burden which will fall on the State
Government on the implementation of the impugned judgment will be in
the vicinity of Rs. 1.45 crores which is not justified since the High Court
has failed to appreciate the issues in their proper perspectives. We find
considerable force in the submissions made on behalf of the appellants.

E We do not consider it necessary to traverse the case law on which.
reliance has been placed by counsel for the appellants as it is well-settled
that equation of posts and determination of pay-scales is the primary
function of the executive and not the judiciary and, therefore, ordinarily
courts will not· enter upon the task of job evaluation which is generally left
F to expert bodies like the Pay Commissions, etc. But that is not to say that
the Court has no jurisdiction and the aggrieved employees have no remedy
if they are unjustly treated by arbitrary state action or inaction. Courts
must, however, realise that job evaluation is both a difficult and time
consuming task which even expert bodies having the assistance of staff with
requisite expertise have found difficult to undertake sometimes on account
G of want of relevant data and scales for evaluating performances of dif-
ferent groups of employees. This would call for a constant study of the
external comparisons and internal relativities on account of the changing
nature of job requirements. The factors which may have to be kept in view
for job evaluation may include (i) the work programme of his department
H -(ii) the nature of contribution expected of him (iii) the extent of ·his
FINANCE DEPn·. 1•. W.B. SERVICE ASSN. [AHMADI, J.] 913

responsibility and accountability in the discharge of his diverse duties and A
functions (iv) the extent and nature of freedoms/limitations available or
imposed on him in the discharge of his duties (v) the extent of powers
vested in him (vi) the extent _of his dependence on superiors for the exercise
of his powers (vii) the need to co-ordinate with other departments, etc.
We have also referred to the history of the service and the effort of various
B
bodies to reduce the total number of pay-scales to a reasonable number.
Such reduction in the number of pay-scales has to be achieved by resorting
to broadbanding of posts by placing different posts having comparable
job-chart; in a common scale. Substantial reduction in the number of.
pay-scales must inevitably lead to clubbing of posts and grades which were
earlier different and unequal. While doing so care must be taken to ensure c
that such rationali•ation of the pay structure does not throw up anomalies.
Ordinarily a pay structure is evolved keeping in mind several factors, e.g.,
(i) method of recruitment, (ii) level at which recruitment is made, (iii) the
hierarchy of service in a given cadre, (iv) minimum educational/technical
qualifications required, (v) avenues of promotion, (vi) the nature of duties D
and responsibilities, (vii) the horizontal and verticle relativities with similar
jobs, (vi'i) public dealings, (ix) satisfaction level, (x) employer's capacity to
pay, etc. We have referred to these matters in some detail only to em-
phasise that several factors have to be kept in view while evohing a pay
structure and the horizontal and verticle relativities have to be carefully
balanced keeping in mind the hierarchial arrangements, avenues for E
promotion, etc. Such a carefully evolved pay structure ought not to be
ordinarily disturbed as it may upset the balance and cause avoidable ripples
in other cadres as well. It is presumably for this reason that the Judicial
Secretary who had strongly recommended a substantial hike in the salary
of the Sub-Registrars to the Second (State) Pay Commission found it F
difficult to concede the demand made by the registration service before
him in his capacity as the Chairman of the Third (State) Pay Commission.
There can, therefore, be no doubt that equation of posts and equation of
salarie; is a complex matter which is best left to an expert body unless there
is cogent material on record to come to a firm conclusion that a. grave error
had crept in while fixing the pay Scale for a given post and Court's G
interfr rence is absolutely necessary to undo the injustice.

There can be no dispute that by Government Resolution No. 226
dated 22nd May, 1952 gazetted status was conferred on Sub-Registrars
w.e.f. 1st April, 1952. So also there is no dispute that by· notification dated H
914 SUPREME COURT REPORTS (1992] 1 S.C.R.

A 17th July, 1953 the Registration Service was, with effect from the date of
its constitution, i.e., 30th January, 1953, included in the West Bengal State
Services. Subsequently, by a notification dated 10th October, 1953, all the
entries in column I of the Schedule under the heading 'Registration
Department' of the Bengal Subordinate Service (Discipline & Appeal)
Rules, 1936 were omitted along with the corresponding entries in columns
B
2 lo 5 thereof. Thus, contend the respondents, the West Bengal Registra-
tion Service, including the Sub-Registrars was brought on par with other
'Constituted State Services', with effect from 30th January, 1953. Chapter
18 of the Third (State) Pay Commission would show that the Constituted
Service may comprise of tiers, such as, Subordinate Service, Junior Service ..( '··
C and State Service with or without corresponding higher or senior service.
Paragraph 18.5 of that chapter shows: 'There are 4 tiers of constituted
scr\'icc ifl some of the GoYcrnmcnt Departments viz., Higher or Senior
Service. State Service, Junior Service and Suhordinate Service'. Paragraph
18.(J recites that the State Services arc generally in scale No. 17(Rs.660-
D 1600). The Junior Services are generally in scales Nos. 11 lo 16 and the·
pay scales for Subordinate Services range from scale No.4 to scale No. 13.
It would, therefore. appear that the contention of the respondents that the
Stale Service employees were generally placed in scale No. 17 is prima facie
accurate. Yet that body turned down the pica of the Sub-Registrars to be
placed in scale No.17 on the ground that the duties and responsibilities of
E the post did not justify upgradation of the scale as is evident from the
observation extracted earlier. This clearly shows that the Commission
determined the pay scale for Sub-Registrars keeping in view their duties
and responsibilities. Therefore, merely because the Sub-Registrars were
conferred gazetted status and the Registration Service was included in
F Stale Service did not entitle the Sub-Registrars to be placed in the higher
scale if their duties and responsibilities did not justify the same. One of the '('".
basic principles for pay fixation is that the salary must reflect the nature of
duties and responsibilities attached to the post, meaning thereby that the
scale must he commensurate with the task lo be performed and the
responsibility to be undertaken by the holder of the post. Merely because
G of conferment of gazetted status or placement in State Service, no qualita-
tive change was brought about in the job performance of the Sub-
Rcgistrars and their superiors.

Before November, 1949 appointments to the posts of Sub-Registrars
H was made by nomination of candidates who were undergraduates or even
H.~ANCE DEPTT. v. W.B. SERVICE ASSN. [AHMADI, J.] 915
..... of lower academic qualification. By the notification dated 25th November, A
1949, mad'' under section 211(2)(b) of the Government of India· Act, 1935,
the recruil ment rules framed in supersession of all previous rules, the
minimum educational requirement for Sub-Registrars was (aised to
graduation. The revised recruitment rules for Sub-Registrars .framed
under the proviso to Article 309 of the Constitution dated 17th October, B
1966 also prescribed the minimum educational requirement as graduate of
a recognised university. By the subsequent notification dated 4th Novem-
ber; 1981 issued under the proviso to Article 309 of the Constitution, the
recruitmer.t rules of 17th October, 1966 were amended whereby rules 3 and
4 were replaced.· The newly inserted rule provided for recruitment to the
posts of Sub-Registrars on the basis of West Bengal Civil Service (Execu- C
tive) and Allied Service Examination conducted by the State Public Service
Commission and the selection was to be made in consultation with that
·body. For direct recruitment the educational qualification was raised to a
degree in law from a recognised University/Institute or equivalent
qualificati•m and experience of 3 years at the Bar. Since this revised D
educational requirement is the same as required for Munsiffs, the High r
Court has thought it proper to place them in the scale of the latter i.e. scale
No.17 (R,. 660-1600). But in doing so the High Court has, with respect,
failed to evaluate the difference in the nature of duties and responsibilities
of a Mun1iff and a Sub-Registrar. The duties and responsibilities of a
M unsiff a ad a Judicial Magistrate are far more onerous than th:ise of a E
Sub-Registrar. The Sub-Registrar's duties are relatively simple - namely
to receive, examine and register the document -whereas the duties of a
Judicial Officer al the noor level are to hear cases, examine witnesses,
interpret and construe different laws, hear orai arguments and deliver
reasoned judgments. He has to keep abreast with a host of laws unlike a F
Sub-Regi' trar who is expected to study only a couple of laws connected
with the registration of documents like the Registration Act, the Stamp
Act, etc. The responsibilities of a 1udicial Officer are also far greater than
those of Sub-Registrars. Therefore, to compare the Sub-Registrars with
Judicial Magistrates - Munsiffs is to compare unequals. It would, there-
fore, be wholly arbitrary to place them in the same pay scale. In our view, G
therefore, the High Court, with respect, committed a serious error "in law
in holding that the Government's action in not granting the same pay scale
' to Sub-Registrars was violative of Article 14 of the Constitution. In fact to
pu\ them on par is wholly unjustified.
H
916 SUPREME COURT REPORTS [1992] 1 S.C.R.

A It was then submitted that the Third (State) Pay Commission had
failed to notice the upward revision of the educational requirement for
direct recruitment as Sub-Registrars. It was rightly pointed out that one
-
of the inputs for pay determination is educational requirement forthe post.
The higher the educational qualification the better would be the quality of
service rendered and the end result would in the ultimate be far more
B satisfactory. That indeed cannot be disputed. But educational qualifica-
tion is only one of the many factors which has relevance to pay fixation.
The complexity of the job to be performed and the responsibilities attached
thereto are entitled to great weight in determining the appropriate pay
scale for the job. Prima facie there appears substance in the grievance of
c the Sub-Registrars that while the minimum educational qualification for
direct entry into the post has been periodically raised, the level of pay scale
for the post has not undergone any change, whatsoever. We think the State'
Government ought to re-examine the question of the appropiate pay scale
for Sub-Registrars in the light of the above and if it decides lo upgrade the
D pay scale it may also consider if the pay scales of their superiors in the
hierarchy need an upward revision.

In the result we allow these appeals and set aside the judgement and
orders of the High Court impugned herein but make no order as to costs
throughout. We, however, direct the State Government to re-examine the
E question of the appropriate pay scale for Sub-Registrars within three
months by a speaking order after giving a hearing to the representative of
the respondent association and communicate the decision so taken to the
association. If the State Government decides on the upward revision of
the salary of the Sub-Registrars, it will simultaneoµsly consider the question
of upward revision of the pay scales of higher posts in the department. I.A.
F Nos.7-9 of 1991 will also stand disposed of.

T.N.A. Appeals allowed.